Shaik Nizam v. The State Of Telangana,

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.8228 of 2026 DATE: 09.06.2026 Between:

Shaik Nizam .... Petitioner/Accused No.6 And The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad, Through Station House Officer, Narayankhed Police Station, Sangareddy.

.....Respondent/de-facto Complainant : ORDER :

This Criminal Petition is filed before this Court for grant of bail to the Petitioner who is arrayed as accused No.6 in FIR No.84 of 2026 of Narayankhed Police Station, Sangareddy District, registered for the offences punishable under Sections 305-(b), 111 of the BNS and Section 25(1)(1A) of the Arms Act, 1959.

2.

The brief facts of the case are that on 11.04.2026 at 09:30 hrs, the de-facto complainant lodged a report before the police stating that his owns DCM vehicle and he kept driver Gaini Sunil. On 09.04.2026, Sunil parked the DCM vehicle and went to his village Shelgira village after that he came back 10.04.2026 and saw that the DCM was not found in the parked place. Some unknown offenders have committed theft of the complainant's DCM vehicle and took away the vehicle. The stolen DCM vehicle worth of Rs. 4,50,000/-. Hence, the complainant requested for necessary action. Later, on investigation, they found that accused Nos.1 to 6 are habitual offenders and they used to stolen the parked vehicles and A.6 used to receive the stolen property and he used to remove the parts of the vehicle and used to sell the same in the market. Basing on the said complaint, the police registered a case for the above said offences. 3.

Heard Sri Habeeb Abubakar Alhamed, learned counsel representing on behalf of the Petitioner as well as Sri M. Ramachandra Reddy, learned Additional Public Prosecutor appearing for the respondent -State.

4.

Learned counsel for the petitioner submitted that the petitioner is innocent of the said allegations and there is no material evidence collected by the respondent authorities to prove the allegations against the petitioner. He further submitted that the petitioner is in jail since 04.05.2026 and the offence punishable under Section 111 of the BNS is not applicable to the present case and the material part of the investigation was already completed. Therefore, he prayed the Court to grant bail to him by allowing this criminal petition.

5.

On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that the allegations against the petitioner are serious in nature. He further submitted that the petitioner herein is the purchaser of the stolen property and he is the habitual offender and he used to purchase the stolen articles with a meagre amount and used to sell the same at higher prices, therefore, investigation has to be conducted in that aspect. Hence, he prayed the Court to dismiss the criminal petition.

6.

In the light of the submissions made by both the learned counsel and upon perusal of the material available on record, it appears that the petitioner herein is in jail since 04.05.2026 and as seen from the remand case diary, the prosecution witnesses, LWs 1 to 10 have already been examined. Further, as seen from the record, the offence punishable under Section 111 of the BNS prima facie is not applicable to the present case. Considering the facts and circumstances of the case, the nature of the allegations, the stage of investigation and the duration of incarceration, this Court finds it appropriate to grant bail to the petitioner, subject to the following conditions:

i.

The petitioner shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties for a like sum each to the satisfaction of the learned Judicial First Class Magistrate, at Narayankhed.

ii.

The petitioner shall appear before the concerned SHO at 11:00 a.m., on every Monday for a period of eight (8)

weeks or till filing of charge sheet whichever is earlier, for the purpose of investigation, and thereafter, as and when required.

iii.

The petitioner shall abide by the conditions stipulated in Section 437(3) of Cr.P.C. (presently, Section 480(3) of the BNSS).

7.

Accordingly, the Criminal petition is allowed. Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date :09.06.2026 TU

THE HON'BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.8228 OF 2026 DATE :09.06.2026 TU